TBD | Article I Section 37 North Carolina Constitution

(1) Basic rights. Victims of crime or acts of delinquency shall be treated with dignity and respect by the criminal justice system.

(1a) Enumerated rights. When the crime or act of delinquency is one against or involving the person of the victim or is equivalent to a felony property crime, the victim is entitled to the following rights:

(a) The right upon request to reasonable, accurate, and timely notice of court proceedings of the accused.

(a1) The right upon request to be present at court proceedings of the accused.

(b) The right to be reasonably heard at any court proceeding involving the plea, conviction, adjudication, sentencing, or release of the accused.

(c) The right to receive restitution in a reasonably timely manner, when ordered by the court.

(d) The right to be given information about the crime or act of delinquency, how the criminal justice system works, the rights of victims, and the availability of services for victims.

(e) The right upon request to receive information about the conviction, adjudication, or final disposition and sentence of the accused.

(f) The right upon request to receive notification of escape, release, proposed parole or pardon of the accused, or notice of a reprieve or commutation of the accused's sentence.

(g) The right to present the victim's views and concerns to the Governor or agency considering any action that could result in the release of the accused, prior to such action becoming effective.

(h) The right to reasonably confer with the prosecution.

(1b) Enforcement of rights. Except as otherwise provided herein, the General Assembly shall further provide, by general law, the procedure whereby a victim may assert the rights provided in this section. The victim or, if the victim is a minor, is legally incapacitated, or deceased, a family member, guardian, or legal custodian may assert the rights provided in this section. The procedure shall be by motion to the court of jurisdiction within the same criminal or juvenile proceeding giving rise to the rights. The victim, family member, guardian, or legal custodian have the right to counsel at this hearing but do not have the right to counsel provided by the State. If the matter involves an allegation that the district attorney failed to comply with the rights of a victim when obligated to so do by law, the victim must first afford the district attorney with jurisdiction over the criminal action an opportunity to resolve any issue in a timely manner.

(2) No money damages; other claims. Nothing in this section shall be construed as creating a claim for money damages, or any cause of action, against the State, a county, a municipality, or any of the agencies, instrumentalities, or officers and employees thereof.

(3) No ground for relief in criminal case. The failure or inability of any person to provide a right or service provided under this section may not be used by a defendant in a criminal case, an inmate, or any other accused as a ground for relief in any trial, appeal, postconviction litigation, habeas corpus, civil action, or any similar criminal or civil proceeding. Nothing in this section shall be construed to provide grounds for a victim

(i) to appeal any decision made in a criminal or juvenile proceeding;

(ii) to challenge any verdict, sentence, or adjudication;

(iii) to participate as a party in any proceeding; or

(iv) to obtain confidential juvenile records.

(4) No restriction of authority. Nothing in this section shall be construed to restrict the power of the district attorney, or the inherent authority of the court.

(5) Implementation. The General Assembly may prescribe general laws to further define and implement this section. (1995, c. 438, s. 1; 2018-110, s. 1.)

Art. I §37 | RIGHTS OF VICTIMS OF CRIME

Pages That You
Might Also Like

add a comment

thank you, come again!
TBD 1.037

Submit a Quiz Question

That Will Test Another User's Page-Specific Knowledge